NEW FEEDING REGULATION RULING MAY IMPACT STATE

MARSHALL -- If a decision reached by the Missouri Court of Appeals of the Western District last week stands, confined animal feeding operations would, for the first time, face potential regulation from county governments.

In a recent decision stemming from a lawsuit filed by Jeremy and Janice Barron over hog farm regulations adopted by Linn County last August, the court upheld an earlier decision by Linn County Judge Kenneth Lewis in favor of the county.

The Barrons had planned to start a hog operation near the north-central Missouri town of Winigan. In the lawsuit, they contended that the county did not have the authority to pass the health regulations, which they said were prohibited or preempted by state law.

Under the Linn County ordinances, operators would have to obtain a county health permit in addition to permits required by the state Department of Natural Resources. The county's health permit would be renewable annually.

Also, the ordinances would require a facility the size of the one planned by the Barrons to be more than 4 miles from the nearest home and more than 5 miles from five the nearest population center. State requirement is half a mile. Six other counties also have adopted such ordinances.

The appeals court said the county ordinances are designed to protect public not zoning ordinances -- as claimed by the plaintiffs. Referring to case law and technical information illustrating the health hazards relating to hog facilities, the court wrote. "Ground water pollution, pathogenic organisms and disease have all been linked to livestock animals and their waste." The court also said that the Missouri Legislature had failed to create a comprehensive plan to regulate hog farms and that left room for local control, noting that state law on hog farm regulations includes the language, "nothing in this section shall be construed as restricting local controls."Rep. Jim Seigfreid of Marshall said he favors local authority in most cases."I feel like anytime you can have local control it's better than someone far off having control," he said. "It will be interesting to see if it goes to the state Supreme Court and what they have to say about it."Saline County Southern District Commissioner Mike Dillon said although he didn't want to say too much about the decision at this time, he felt that the requirements put forth by the Linn County ordinance would directly affect agribusiness in Saline County.